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HomeMy WebLinkAbout2017-092 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of June 12 , 2017, by and between Indian River County, ("County"), a political subdivision of the State of Florida,whose address is 1801 27th Street, Vero Beach, FL 32960; and 'c,r\s,n Pc,„,;,tki LL-C, fl'l;c..4_r_ti?eArs (bLyer's full name) 2103 b\va. nP � �.— 3L11 so (buyer's address) (city) (state) (zip) ("Buyers"), who agree as follows: 1. Agreement to Purchase and Sell. The County hereby agrees to sell to the Buyers, and the Buyers hereby agrees to purchase from County, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 2625 54th Avenue Vero Beach, FL 32966 and more specifically described on Exhibit"A"attached hereto and incorporated by reference, containing approximately 0.42 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2. Purchase Price, Effective Date. The purchase price (the "Purchase Price")for the Property shall be11/4n.114sl<'gi- 'tie- 1 ko�s4�� Scren-I ,., of;F 00/00 Dollars (written purchase pric ) ($/55 75o .00). The Buyer has paid and the County acknowledges receipt of a cashier's ch ck in the amount of ten percent� (10%) of the purchase price or r i 1f'1 �nP•�-�r r���-��„�T►�.y�„� n-!�, rflQO/00 Dollars ($/55�75U .00). (written purchase price) I that is currently being held in escrow by the County(Escrowed Funds). The balance of the Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. County shall convey marketable title to the Property by County Deed free of claims, liens, easements and encumbrances of record or known to County; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of the County. 4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, County shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the Buyers. 4.3 There are no existing or pending special assessments affecting the Property,which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the Buyers shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Buyers at or prior to the Closing Date and thereupon retain the Escrowed Funds as liquidated damages. Neither the County nor any other person or party shall have any claim for specific performance, damages, or otherwise against the Buyers; or(ii)waive the Buyer's default and proceed to Closing. 5.2 In the event the County shall fail to perform any of its obligations hereunder, the Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Buyers nor any other person or party shall have any claim for specific performance, damages or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to the Buyers a County Deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The County shall have removed all of its personal property and equipment from the Property and the County shall deliver possession of the Property to Buyers vacant and in the same or better condition that existed at the Effective Date hereof. (c) If County is obligated to discharge any encumbrances at or prior to Closing and fails to do so, Buyers may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The County and the Buyers shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 7. Closing Costs; Expenses. Buyers shall be responsible for preparation of all Closing documents. 7.1 Buyers shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by County pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.1.4 Current taxes which are not yet due and payable 7.2 County shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River Buyers for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the County and the Buyers relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect. Neither Buyers nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Buyers: buyer's full name: Cr k ,,-) `rGr„1, LLC f prdue rn Int Address: '3��. City, State, Zip: ,p;e me. FL 3'j 50 -3- Phone: —772-S7ii—8079 Email: avia. -'r I. 1 ; _'i -C.com If to County: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL. 32960 Phone: 772-226-1426 bdebraal©ircgov.corn Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.0 Property is Being sold "Where Is, As Is" The County makes no guaranty or warranty as to the Property or any of its structures or their contents. The sale is not contingent upon buyer obtaining financing. Th's ale is not contingent upon a satisfactory inspection report. Buyer's Initials Buyer's initials MP -4- IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. Buyer: INDIAN RIVER COUNTY, FLORIDA BOARD OF COU Y COMMISSION RS .F P int N e: Scrc oi ..50n oseph E. Flesc er, Chairma'laZ:' "-^40, mini& r Cc•rlton ,4LLG 1*. ••- V J i • / e late BCC Approved: 6/20/20117 ' -c✓ya.( ,:ate By. Print Name: ` al e/P'-/car--c .y69' 1 `''• 4 '• 'R/..SER 6 Date Signed by Buyer: 6/12/1.7 Attest: Jeffrey R. Smith, Clerk of Court t and Comptroller By4(' ,� ��G° Deput�j er Approved as to form and legal sufficiency. / e William K. DeBraal Deputy County Attorney -5- EXHIBIT A LEGAL DESCRIPTION Sketch and Legal Description for INDIAN RIVER COUNTY 589'41'34"E - 171.32' �\ v- -- - --- -L - -1 M i i' WEST 171.31'. 3 LI U ,., ire{ il li U i i t :' 1 q^ ':,/,,CONTAINING 18436 SQ. FT.* " �Y1 i,i LU * (D 42 ACRES±) (p d oi 'n '1 `D O.R.B. 2967 PAGE 162 o I N w `O ` 2/ 2625 54th AVENUE N am S89'41'34"E - 146.32' tkJO t+ -�� , w 4 yin o ti 20' } q 'io�, LESS AND EXCEPT N CONTAINING 6480 SQ. FT.± o (�' a w 8`,D- (0.15 ACRES±) N Q"\1 z $ NORTH UNE OF PARCEL'A" b N89'41.34'W - 171.32' NORTH R/W UNE / ..:-If,00w L , ``" },c] _'- --- / l ,n 0 N q 26th STREET (WALKER A VE) o n N4 I.i �} 0 d t7 d 14.0' M PARCEL N TOWNSHIP 32 SOUTH p , "A" 8 CTl < a } _- -- 171.32'(M) SOUTH LINE TRACT 14 p S FOUND MON PIPE. S89'41'34"E - 1327.07'(M) ..--'" (UNNUMBERED) TOWNSHIP 33 SOUTH FOUND 1-1/4"IRON PIPE F S.w, CORNER TRACT 14 b POINT OF I.R.F.W.C.D.SUB-LATERAL'A-3'CANAL S.E.NCOR.ETRACT 14 3 COMMENCEMENT (30'RNV PER P.Q.S.2.PG 25) 5 LESS AND EXCEPT Legend and Abbreviations an'. SOUTHWEST CORNER TRACT 14 rr�+ 77 ��++ I.R.F.W.C.D. = INDIAN RIVER FARMS PBS R PLAT BOOK ST.LUCIE t. SECTION 33, TJ2S, RJBE GRAPHALE IC C1( WATER CONTROL DISTRICT A=DELTA ANGLE A t I=LENGTH OF ARC SQ.FT.=SQUARE FEET A 30 0 �o O.R.B.=OFFICIAL RECORD BOOK R=RADIUS 7 (P1=PLAT P.B.=PLAT BOOK RNV=RIGHT-OF-WAY F �Q v ® PGE=PAGE tU ( 1N FEET ) PROVIDED IN ITS ENTIRETY CONSIST INO OF 2 SHEETS qWITH SHEET 2 BEING THE SKETCH OF DESCRIPTION 1 inch = 30 ft. This is not a Boundary Survey o AGENCY: IND/AN RIVER COUNTY, FL PUBLIC WORKS DPT../ENG/NEER/NG DIY. Sketch and Legal Description t. W DATE: DRAWN BY: 7 V24/17 R. /NGL£TT fa:- SCALE: APPROVED BY: IND/AN RIVER COUNTY 1"=.50' O.S/LON - SHEET: JOB NO: (252554//iAVENUE) 2 OF 2 1 545 LL Sketch and Legal Description for/ND/AN RIVER COUNTY Legal Description (o.r.b.2967, page 162 Remainder) THE NORTH 160 FEET OF THE SOUTH 189.43 FEET OF THE WEST 171.31 FEET OF TRACT 14,SECTION 33,TOWNSHIP 32 SOUTH, RANGE 39 EAST,ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,RECORDED IN PLAT BOOK 2,PAGE 25,PUBLIC RECORDS OF ST,LUCIE COUNTY,FLORIDA;SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA.LESS THAT PORTION FOR ADDITIONAL RIGHT•OF•WAY AS SET FORTH IN PLAT BOOK 14,PAGE 18,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. u Less and Except the Following: BEING A PARCEL OF LAND LYING IN SECTION 33,TOWNSHIP 32 SOUTH,RANGE 39 EAST,INDIAN RIVER COUNTY FLORIDA,SAID S PARCEL ALSO BEING A PORTION OF TRACT 14,ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,ST.LUCIE COUNTY,FLORIDA,SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA. SAID PARCEL ALSO BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORD BOOK 2967,PAGE 162,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA.SAID PARCEL BEING MORE y PARTICULARLY DESCRIBED AS FOLLOWS: 5. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 14;THENCE NORTH 00'26'55"EAST,ALONG THE WEST LINE OF SAID TRACT 14,A DISTANCE OF 44.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;THENCE CONTINUE V ALONG SAID WEST LINE,NORTH 00'26'55"EAST,A DISTANCE OF 36.00 FEET;THENCE DEPARTING SAID WEST LINE,SOUTH ~ 89'41'34"EAST,ALONG A LINE THAT IS 80.00 FEET NORTH OF AND PARALLEL WITH,AS MEASURED AT RIGHT ANGLES TO,THE Fr', 89'41'34" LINE OF SAID TRACT 14,A DISTANCE OF 146.32 FEET;THENCE NORTH 45'22'41"EAST,A DISTANCE OF 35,40 FEET TO THE EAST LINE OF SAID TRACT OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 2967,PAGE 162,OF SAID PUBLIC RECORDS,SAID XI LINE ALSO BEING THE WEST LINE OF A 20.00 FOOT WIDE RIGHT•OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 194,PAGE 602, a, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA;THENCE SOUTH 00°26'55"WEST,ALONG SAID LINE A DISTANCE OF g 61.00 FEET TO THE NORTH LINE OF PARCEL"A",BEING A 14.00 FOOT WIDE STRIP OF LAND AS SHOWN IN PLAT BOOK 14,PAGE 18, OF SAID PUBLIC RECORDS AND THE NORTH RIGHT OF WAY LINE OF 268)STREET(WALKER AVENUE);THENCE NORTH 89'41'34" WEST,ALONG SAID NORTH LINE,SAID LINE BEING 44.00 FEET NORTH OF AND PARALLEL WITH,AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF SAID TRACT 14,A DISTANCE OF 171.32 FEET TO THE POINT OF BEGINNING. a CONTAINING 18,436 SQUARE FEET, (0.42 ACRES)MORE OR LESS ;6 I Surveyor's Notes 0 1).THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY 2 INDIAN RIVER COUNTY ENGINEERING DEPARTMENT,JOB NO,1045,DATED DECEMBER 8,2016.TOGETHER WITH THE LAST F GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION,RECORDED IN PLAT BOOK 2,PAGE 25, 16 PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA. 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A)PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS,WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B)REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. OS 3).THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL I PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,ST LUCIE,NOW INDIAN 1 RIVER COUNTY,FLORIDA.SAID LINE BEARS NORTH 89°41'34"WEST AND ALL OTHERS ARE RELATIVE THERETO. Certification K Legend and Abbreviations (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) 2 I.R.F.W.C,D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY li L=LENGTH OF ARC SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID 0 R.B.=OFFICIAL RECORD BOOK SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND (P)=PLAT BELIEF, p P.B.=PLAT BOOK PGE=PAGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PBS = PLAT BOOK ST.LUCIE E PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF A=DELTAANGLE SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, Ie SQ.FT.=SQUARE FEET PURSUANT TO SECTION 472.027 FLORIDA STATE STATUT-S. R=RADIUS J/� RAN=RIGHT•OF•WAY I- (-)� - i 7 � y, .,, Y w DATE OF SIGNATURE DAVID M.SILON 3 PROFESSIONAL SURVEYOR AND MAPPER a WITH PROVIDED ET2TBE ENTIRETY SKETCH OFDESCRIPTIONTS This Is not a Boundary Survey FLORIDA CERTIFICATE NO.6139 z AGENCY: fND/AN RIVER COUNTY FL PUBLIC WORKS O£PT./£NG/N££R/NG DIV. Sketch and Legal Description x DATE: DRAWN BY: f0/;' 1/24/17 R. /NGLETT ' SCALE: APPROVED BY; INDIAN RIVER COUNTY N/A O°S/LON SHEET: 1 OF 2 JOB NO: 1645 (262554th AVENUE) t.